Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 33

Taking of sample when member is unconscious or otherwise unable to comply with direction

    (1)     If a member of OPI personnel whom the Director reasonably believes was involved in a critical incident is unconscious or is otherwise unable to comply with a direction given to him or her, the Director may direct a registered medical practitioner to take from the member a sample of the member's blood for analysis for the purpose of testing for the presence of alcohol or a drug of dependence.

    (2)     If a sample of a member's blood is taken in the circumstances referred to in subsection (1), the Director must, upon the member regaining consciousness or otherwise becoming able to comply with a direction given to him or her, advise the member—

        (a)     of the taking of the sample; and

        (b)     that he or she may refuse to consent to the use of any evidence derived from the sample; and

        (c)     if the member is a member of Victoria Police—that a refusal to consent to the use of the evidence constitutes a breach of discipline; and

        (d)     if the member is not a member of Victoria Police—that a refusal to consent to the use of the evidence may constitute grounds for disciplinary action against the member.

    (3)     Evidence derived from a sample obtained in accordance with a direction under subsection (1) must be destroyed if the member from whom the sample was taken refuses to consent to the use of the evidence in the circumstances set out in that subsection.

    (4)     The Director must cause any sample taken under subsection (1) and in respect of which consent is refused under subsection (2) to be destroyed.

    (5)     Nothing in this section affects the operation of Part 5 of the Road Safety Act 1986 .



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